


black out days

by queenofthestarrrs



Category: Captain America (Movies), The Avengers (Marvel Movies)
Genre: Alternate Universe - Canon Divergence, M/M, News Media, Social Media, Winter Soldier Trial
Language: English
Status: Completed
Published: 2015-03-06
Updated: 2016-12-12
Packaged: 2018-03-16 13:07:40
Rating: Teen And Up Audiences
Warnings: Graphic Depictions Of Violence
Chapters: 4
Words: 14,997
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/3489374
Author URL: https://archiveofourown.org/users/queenofthestarrrs/pseuds/queenofthestarrrs
Summary: <blockquote class="userstuff">
              <p>Stay with us here at CNN because after the commerical break we'll taking you live inside the courtroom during trial of former Howling Commando, James Buchanan Barnes.</p>
            </blockquote>





	1. cold-air damming (april 2nd, 2017 to june 17th, 2017)

**Author's Note:**

> my alternate title would have been 'marvel should let me do an interactive media campaign for civil war'  
> as always on tumblr @shehulkings.

**Earth’s Mightiest** @Avengers · 46s

The Avengers commend the intelligence community for their continued excellence but decline comment at this time. #WinterSoldier

 

 **CNN** @CNN · 2m

Who is the #WinterSoldier and what does his arrest mean for a modern world? More on this story tonight at 8/7c.

 

 **Al Jazeera English** @AJEnglish · 4m

#WinterSoldier in custody, says US officials | [aje.io/ws4s ](dd)  
  


**Fox News** @FoxNews · 10m

BREAKING NEWS: So called WINTER SOLDIER turns himself in hours after the last of the #ShieldFiles leak [fxn.ws/1D754gf6x](d)

  
  


-

 

 **NYU Law** @nyulaw · 3h

The Road Ahead: One NYU Law professor talks possible fates for the now incarcerated #WinterSoldier [ow.ly/J65yd](d)

 

 **Fox News** @FoxNews · 5h

What do the Avengers know about the #WinterSoldier, and why does Tony Stark still refuse to comment after three weeks? [fxn.ws/1dfdsf53](d)

 

[HLN](d) @HLNTV · 8h

Our own [@NancyGraceHLN](d) talks Winter Soldier, possible trial dates tonight at 9/8c.   

 

-

 

 **Trends** · Change

#WinterSoldier

Winter Soldier

#FreeJustin

Howard Stark

#Avengers

SNL Reunion

#MinajRewind

#RenewEmpire

Maria Stark

 

-

  
  


**David José Sousa** @DSousaJD · 5m

[@RealTonyStark](d) Thanks, man. I really appreciate it. And if you’re ever in the Boston area, give me a call. We need to catch up.

 

 **Stark Raving Mad** @RealTonyStark · 16m

Hard 2 believe. Aunt Peggy, u will be missed. My thoughts r w/ David & Angie at this difficult time.

 

 **David José Sousa** @DSousaJD · 19m

I love you. I’ll miss you. Rest easily, Mom. Your work here is finished. Job well done.

 

 **Al Jazeera English** @AJEnglish · 26m

How Peggy Carter shattered the glass ceiling and changed the way we look at intelligence | aje.io/pc09s   
  


**Earth’s Mightiest** @Avengers · 30m

The Avengers are sadden to hear of the death of friend and respected colleague Peggy Carter. Extending their condolences to her family.  

 

 **CNN** @CNN · 45m

BREAKING: Peggy Carter, well known liaison of Cpt. America and founder of #SHIELD, dies at age 98. Our condolences are with her family.  

 

-

 

**The following is a transcript from Anderson Cooper 360 originally aired on Wednesday, 05/03/2017.**

_A. Cooper:_ Welcome back, ladies and gentlemen, and thank you all for being with us. We begin tonight with the story that has taken the world by storm ever since it broke roughly a month ago. On the morning of April 2nd, the fugitive known only as the codename “Winter Soldier” turned himself in, seemingly without incidence, to the US Central Intelligence Agency. He has since been held at an unknown detention center somewhere within the continental United States until formal charges are finalized. Here to speak about it is Associate Deputy Director of the CIA, Sharon Carter. It’s nice to have you with us, Sharon.

 

 _S. Carter:_ I'm honored to be here with you, Anderson.

 

 _A. Cooper:_ Before we begin, on behalf of the entire staff here at Anderson Cooper 360, allow me to express my sincere condolences at the passing of your aunt. I imagine these past two weeks must have been very difficult for you and your family.

 

 _S. Carter:_ I've been telling my colleagues all week that it has been the proudest and the hardest time of my life. She was buried with full military honors at a family plot over the weekend. I was lucky enough to be one of the riflemen during the twenty one gun salute.

 

 _A. Cooper:_ You are a veteran, aren't you?

 

 _S. Carter:_ I am. I spent six years in the United States Army before being honorably discharged.

 

 _A. Cooper:_ That's incredible.

 

 _S. Carter:_ Thank you. I appreciated that. Like I was saying, she was buried with full honors next to her husband, my Uncle Danny, in Boston over the weekend. It was an honor that a lot of the family, including her brother, my father, didn’t think would happen. Her role in World War II and the intelligence community was, um-. It was all very downplayed.   

 

 _A. Cooper:_ Do you think there are people out there who don’t know the real Peggy Carter is?

 

 _S. Carter:_ [chuckling] I think there were only ever two people who ever knew the real Peggy Carter. One of them is dead, the other is Captain America, and neither of them seem to be talking.

 

[laughter]

 

 _S. Carter:_ But in all seriousness, everything I am today I owe to my aunt. She was an incredible woman who guided me from both a personal and professional standpoint. I wouldn’t, I couldn’t, be sitting here as the youngest Associate Deputy Director in history if she had taken an interest in a bruised little tomboy twenty years ago. Her death is really going to leave a gaping hole in my life. I’m going to miss her deeply.

 

 _A. Cooper:_ Once again, allow me to express my utmost sympathy. She truly was an amazing woman.

 

 _S. Carter:_ Thank you.

 

 _A. Cooper:_ Now getting to the matter at hand, is it true that you were the first person to encounter the so-called “Winter Soldier” on the morning of April 2nd?

 

 _S. Carter:_ Yes. He was,-. Excuse me. [coughing] He was waiting inside of my personal office when I had arrived that morning. When I found him, he was just sitting in my office chair, staring out the window. It was raining that day.

 

 _A. Cooper:_ Did he seem to be aware of what he was doing? Was he alert?

 

 _S. Carter:_ He was, without a doubt, fully cognitive of where he was and what he was doing. He was even able to recognize me personally. Before he rose from the seat, he was able to tell me what my full name was, my position and job within the CIA, my address.    

 

 _A. Cooper:_ Did that scare you?

 

 _S. Carter:_ I would not being a human being if I said the idea of an assassin knowing exactly where I lived didn’t terrify me. But I'm a federal agent above all and before everything. As an agent, and as a woman especially, I knew I couldn’t let that fear show. If I did, then I would have lost the crucial upper hand. You always have to act as if you are in charge of the situation even when you know you're not.

 

 _A. Cooper:_ Did he threaten you?

 

 _S. Carter:_ No, he was limp, like a rag doll, the entire time I spent cuffing him. He was very docile, very complacent. He never tried to run. He never tried to fight me. I'm not even sure if he had been armed. The whole experience was very unsettling.     

 

 _A. Cooper:_ How so?

 

 _S. Carter:_ Throughout my professional career, the Winter Soldier was a ghost. He was our equivalent of the ‘Boogey Man.’ We used to tell stories about him to junior agents. Don’t mess up this mission, or bang! The Soldier will put a bullet in your head before you even see him coming. The whole time I was in the room with him I half expected him to take a step forward and snap my neck. Just like that.

 

 _A. Cooper:_ But clearly he didn't.

 

 _S. Carter:_ No, obviously he didn’t. He should have though. I think that's what made me uneasy. This whole event was unlike him. The Winter Soldier is the ultimate agent. Hundreds of murders over the course of the last seventy years are attributed to him, hundreds.

 

 _A. Cooper:_ Do you think he’ll go to trial for them?

 

 _S. Carter:_ It is within my professional capacity to tell you that the United States is currently working with the international community on how to proceed. He may be in our hands, but he is a wanted for crimes in nearly sixty other countries. [pause] May I speak non-professionally, Anderson?

 

 _A. Cooper:_ If you'd like to,

 

 _S. Carter:_ Physically, I know the man I placed into custody is the Winter Soldier. I've "met" him before, and I immediately recognized him as soon as I saw him. Something's different, though. He's not the same person he was mentally when I saw him three years ago. Something in him has changed. The man he used to be would have rather died than given himself up.

 

 _A. Cooper:_ What are you trying to suggest, Sharon?

 

 _S. Carter:_ I believe that if the Winter Soldier ever stands before a jury, it won't be as cut and dry as you think.

 

 _A. Cooper:_ Certainly something to ponder. Thank you for being here, ADD Carter.

 

 _S. Carter:_ Thank you for having me.

 

 _A. Cooper:_ Stay tuned. After the commercial break, we're talking to Dr. Sanjay Gupta about you can do to protect yourself from summer allergies.

 

-

 

 **Trends** · Change

#WinterSoldier

Peggy Carter

#HamletMovie

Sharon Carter

South Korea

#blackout

Kanye & Beyonce Concert

#SCIsMyHero

#PCIsMyHero

 

-

  
  


**David José Sousa** @DSousaJD · 50s

So proud to see my little cousin [@SCarter](d) on Anderson Cooper tonight. Youngest ADD in history as well as the first woman. #LeanIn

 

 **Sharon Carter** @SCarter · 2m

Whatever happens to the #WinterSoldier I guarantee the world won’t be the same after him.

 

 **The New York Times** @nytimes · 12m

“Not as cut and dry as you think.” What does Sharon Carter know? [nyti.ms/1SCX6kt](d)  

 

 **Al Jazeera English** @AJEnglish · 34m

Is the U.S illegally detaining the #WinterSoldier? Two lawyers weigh in. | [aje.io/234ws](d)

 

 **Athena Jones** @onewisebitch · 40m

#NickFuryIsMyHero  #GabeJonesIsMyHero

 

 **Athena Jones** @onewisebitch · 43m

So much #blackexcellence has been overlooked in favor of the Carters. I’m over it.

 

 **Athena Jones** @onewisebitch · 45m

Gabe Jones: Howling Commando, civil rights pioneer. Nick Fury: gave his life for this country. Yet nobody is talking about them. I wonder why? ?? ?

 

 **Fox News** @FoxNews · 1h

ADD Carter raises eyebrows with tonight’s comments on Anderson Cooper 360. Avengers still refusing to comment on #WinterSoldier

 

-

 

 **Steve** (804-555-0148) · seen @ 9:36PM

Did you mean what you said?

 

 **Steve** (804-555-0148) · seen @ 9:36PM

Tonight. On the show. Do you really think he has a chance?

 

 **Sharon** (804-555-4568) · sent @ 9:38PM

I think the fact he turned himself in helps. But he still committed all those murders, Steve. It’s not going to be easy to clear him.

 

 **Steve** (804-555-0148) · seen @ 9:39PM

It wasn’t his fault. He wasn’t in his right mind. He didn’t have control.

 

 **Sharon** (804-555-4568) · sent @ 9:41PM

We both know that but the world doesn’t. Try to get some rest Steve. This is not your fight.

 

 **Steve** (804-555-0148) · seen @ 9:42PM

Not my fight?

 

 **Steve** (804-555-0148) · seen @ 9:43PM

In my mind he’s still Bucky. He is still my best friend.

 

 **Steve** (804-555-0148) · seen @ 9:43PM

And if it wasn’t for him I wouldn’t be here. If it wasn’t for him there wouldn’t have been a Captain America.

 

 **Steve** (804-555-0148) · seen @ 9:44PM

I would have died of the flu or an asthma attack or pneumonia or a 1000000 other things before anyone even knew my name.

 

 **Steve** (804-555-0148) · seen @ 9:44PM

So don’t try and tell me THAT THIS ISN’T MY FIGHT.

 

 **Steve** (804-555-0148) · seen @ 9:59PM

Sharon?

 

 **Steve** (804-555-0148) · seen @ 10:14PM

Sharon? Are you there?

 

 **Steve** (804-555-0148) · seen @ 10:20PM

Sharon?

 

 **Steve** (804-555-0148) · seen @ 10:24PM

I’m sorry.

 

-

 

 **Sharon** (804-555-4568) · sent @ 8:11AM

You can’t help him if you run yourself down Steve.

 

 **Sharon** (804-555-4568) · sent @ 8:13AM

And don’t flatter yourself. There always would have been a Captain America.

 

-

 

 **To** : swilson@va.gov

 **From** : nrushman@intranet.starkindustries.com

 **Subject** : Hey

(opened @ 9:45AM)

 

Sam,

 

Just wanted to let you that the last of the files leak tomorrow including the one about “You-Know-Who.” If I were you and Rhodes, I’d get ready to hunker down for an upcoming shit storm.

 

XOXO Nat

  
  


**To** : nrushman@intranet.starkindustries.com

 **From** : swilson@va.gov

 **Subject** : RE: Hey

(sent @ 10:02AM)

 

Nat,

 

Thanks for the heads up. Trust me when I say I appreciate it. Jim and I are doing our best to keep everything running smoothly, but it isn’t going too well. DC has been on edge ever since April. People are afraid. They’re really really afraid.

 

Anyway, how are you guys doing up there? I’m worried about all of you. Especially Steve.

 

Samuel T. Wilson

Certified Counselor

US Department of Veterans Affairs

 

PS: Did you just refer to the WS as Voldemort?

  
  
  


**To** : swilson@va.gov

 **From** : nrushman@intranet.starkindustries.com

 **Subject** : RE: RE: Hey

(opened @ 10:14AM)

 

Sam,

 

It’s been...tough.

 

Most of us are okay. I’m doing alright. Bruce knows everything. Steve told him apparently. I've swore him to silence though. Clint has no personal feelings in the matter. He’s obviously heard about the WS before, but he’s never seen him. Maria is doing okay, I guess. She doesn’t talk about it to any of us. Thor and Pepper are completely in the dark.

 

Stark and Steve are both absolute wrecks.

 

They’re both having a tough time dealing with Carter’s death. They cared for her. Hell, they loved her. Right now I think it's the only thing they have in common.

 

The two of them, they’re constantly at each other’s throats. We can’t even put on the news without one of them snapping at the other. Steve is terrified that the WS headed straight to death row.  Stark thinks that’s exactly where he belongs.

 

If you get the chance, I think Steve would really like to have you here.

 

XOXO Nat

 

PS: Yeah, Thor, Bruce, Clint and I had a HP marathon. I’ve never seen it.

  
  
  


**To** : nrushman@intranet.starkindustries.com

 **From** : swilson@va.gov

Subject: RE: RE: RE: Hey

(sent @ 10:29AM)

 

Nat,

 

Tell Steve I’m thinking about him.

 

Until I see you guys again, take care of yourselves. I miss you.

 

Samuel T. Wilson

Certified Counselor

US Department of Veterans Affairs

 

PS: Seriously?!

  
  


**To** : swilson@va.gov

 **From** : nrushman@intranet.starkindustries.com

 **Subject** : RE: RE: RE: RE: Hey

(opened @ 10:36AM)

 

Thanks. Miss you too.

 

XOXO Nat

 

PS: I lead a very busy life.

  
  


-

 

 **Al Jazeera English** @AJEnglish · 34s

BREAKING: #ShieldFiles released.

 

 **CNN** @CNN · 45s

BREAKING: #ShieldFiles released on popular website Reddit.

 

 **Fox News** @FoxNews · 52s

Tune in now as we dissect the last of the #ShieldFiles.

 

 **TIME.COM** @TIME · 1m

Crowds silent as members begin to pour over last of #ShieldFiles.

 

 **Stark Raving Mad** @RealTonyStark · 2m

Is this necessary?  [pic.twitter.com/vdsfsdfug25](d)

 

 **Al Jazeera English** @AJEnglish · 5m

Crowds singing Marley’s “Get Up, Stand Up” outside of Avengers Tower in NYC.

 

 **CNN** @CNN · 7m

Crowds beginning to form outside of Avengers Tower. Chants being heard. [pic.twitter.com/vbeygcug25](d)

 

 **Fox News** @FoxNews · 10m

Ten minutes until #ShieldFiles

 

 **TIME.COM** @TIME · 20m

Tensions running high in cities coast to coast as #ShieldFiles leak in the next 20 minutes. [ti.me/1268ds](d)

 

 **Al Jazeera English** @AJEnglish · 34m

Major US cities prepare for riots as the last of #ShieldFiles are set to go live in less than 30 minutes. |[ aje.io/234ws](d)

 

 **CNN** @CNN · 45m

T-minus 1hr until last of #ShieldFiles leak. Here’s what we already know: [cnn.com/124as](d)

 

 **The New York Times** @nytimes · 54m

BREAKING: Last #ShieldFiles will apparently reveal “bombshell” regarding #WinterSoldier.

 

 **Fox News** @FoxNews · 2h

Avengers still maintaining radio silence regarding #WinterSoldier after three months.

  
  


-

 

**The following is an excerpt from the last installment of controversial “SHIELD Files” as translated from the Russian by Natasha Romanoff.**

 

_Date Unknown:_

American soldier found in Swiss Alps. Bones in left arm shattered. Severely injured. Taken into custody.

 

_Date Unknown:_

Amputation successful but subject is unresponsive.

 

_Date Unknown:_

Further reconnaissance retrieves some of subject’s personal belongings. Belongings now with lab for further analysis.

 

_Date Unknown:_

Subject responsive when spoken to in English.  

 

_Date Unknown:_

Subject agitated. Stitches ripped. First round of sedation administered.

 

_Date Unknown:_

First round of sedation successful. Subject disorientated but passive.

 

_Date Unknown:_

Major breakthrough regarding prosthesis for subject. Zola notified.

 

_Date Unknown:_

Belongings analized. Awaiting results. Second round of sedation administered.

 

_Date Unknown:_

Successful confirmation of identity. See attached file.

 

_Date Unknown:_

Project Winter Soldier is approved. First round of wiping to begin tomorrow.

 

**ATTACHED FILE:**

_PROJECT:_ Winter Soldier (Confirmed)

 _SUBJECT NUMBER:_ 5309-WS

 _NAME:_ Barnes, James Buchanan

 

**THE REST OF THE FILE SEEMS TO HAVE BEEN TORN OFF.**

 

-

 

 **Rhodey** (844 523-9947) · seen @ 1:03PM

Did you ready this man?

 

 **Rhodey** (844 523-9947) · seen @ 1:20PM

Tony?

 

 **Tony** (844 783-2345) · sent @ 1:21PM

yea. i fucking read it.

 

-

  
  


**Sam** (804-568-1237) · seen @ 1:04PM

Are you OK?

 

 **Steve** (804-555-0148) · sent @ 1:06PM

I don’t know.

 

-

  
  


**Earth’s Mightiest** @Avengers · 4m

The Avengers thank you for your continued support and respect at this difficult time.

 

-

  
  


**Trends** · Change

#WinterSoldier

#ShieldFiles

#JamesBarnes

Steve Rogers

Avengers

James Barnes Guilty

James Barnes Innocent

#HowlingCommandos

Howard Stark

  
  


-

 

**The following is an excerpt from breaking news coverage on Fox News as it played at 1PM EST on Tuesday, 06/13/2017.**

 

 _B. O'Reilly:_ Every American should take their child’s history book, and toss them in the trash. Toss them into a fireplace. Recycle them. But, my God, get rid of them. They’re a joke. They aren't fit to even wipe someone's a-.

 

 _S. Carter:_ Respectfully, Mr. O’Reilly, I think you are out of line.  

 

 _B. O'Reilly:_ Am I, Ms. Carter? Because-.

 

 _S. Carter:_ ADD Carter, Mr. O’Reilly. I worked very hard for my title, and I would prefer it if you would refer to me as such.

 

 _B. O'Reilly:_ Ms. Carter, these textbooks are trash. Sargent James Barnes is a farce. He no longer represents honesty, respect, or whatever is written in those books. He never gave his life for his country. He isn't a hero. He isn't a role model.It’s time we get that idea out of our heads and start looking at him as the person he really is.

 

 _S. Carter:_ And who is that, Mr. O’Reilly?

_B. O'Reilly:_ A traitor to the United States of America and an enemy to its people .

 

-

**The following is an excerpt from breaking news coverage on CNN as it played at 1PM EST on Tuesday, 06/13/2017.**

 

 _A. Cooper:_ James Barnes is America’s longest serving Prisoner of War. End of story, in my opinion.

 

-

  
  


**Sharon** (804-555-4568) · sent @ 1:48PM

I tried Steve. I really did. OReilly is just a hard ass.

 

-

  
  


**Al Jazeera English** @AJEnglish · 2m

Avengers: At war with each other over #JamesBarnes, says source | [aje.io/2697jb](d)

 

 **CNN** @CNN · 7m

BREAKING: @RealTonyStark breaks silence. "#WinterSoldier will be brought to justice."

 

 **Fox News** @FoxNews · 9m

The world asks “Who is #JamesBarnes?” [fxn.ws/1B67f3 ](d) 

 

 **TIME.COM** @TIME · 10m

Atlanta, Boston, NYC, LA experience large scale riots after the release of #ShieldFiles

 

 **Stark Raving Mad** @RealTonyStark · 11m

#WinterSoldier will b brought 2 justice & made accountable.

 

 **Al Jazeera English** @AJEnglish · 19m

Avengers still silent.

 

 **CNN** @CNN · 21m

Resounding question, did Cap know? Senior correspondents weigh in tonight @ 7/6c

 

 **Fox News** @FoxNews ·25m

Is #JamesBarnes a traitor? [fxn.ws/12930A](d)

 

 **TIME.COM** @TIME · 29m

Diving into #JamesBarnes military history [ti.me/12394s](d)

 

 **Al Jazeera English** @AJEnglish · 36m

How #JamesBarnes adds tragedy to the death of the Starks | [aje.io/894hs](d)

 

 **CNN** @CNN · 45m

BREAKING: FBI reopens Howard Stark accident, now declaring it a homicide.

 

 **The New York Times** @nytimes · 47m

BREAKING: #WinterSoldier is #JamesBarnes, DNA confirms, says CIA.

 

 **Fox News** @FoxNews · 2h

Dark days ahead regardless of your positio, says President [fxn.ws/1920pw](d)

 

-

  
  


**Steve** (804-555-0148) · seen @ 2:01PM

Where do we go from here?

 

 **Sharon** (804-555-4568) · sent @ 2:04PM

You’re a soldier Steve. You know what to do.

 

 **Sharon** (804-555-4568) · sent @ 2:05PM

We go to war.


	2. bad moon rising (august 25th, 2017- december, 26th 2017)

**Summary for the Chapter:**

> **Fox News** @FoxNews · 5m  
>  BREAKING: #JamesBarnes set to go to trial six months from now @ the ICC.

**Notes for the Chapter:**

> This chapter comes with a trigger warning for suicide and graphic depictions of violence.

****

**CNN** @CNN · 1m

Everything you need to know about the International Criminal Court:  [cnn.com/168we](t)

**Al Jazeera English** @AJEnglish · 3m

World looks towards the Netherlands as ICC sets #JamesBarnes trial date | [aje.io/jb54 ](d)  
  


**Fox News** @FoxNews · 5m

BREAKING: #JamesBarnes set to go to trial six months from now @ the ICC.

****  
  


-

**The following is a recording left on the answering machine at Sousa & Associates Law Firm, Boston, MA at approximately 11:30PM EST on Thursday, 09/07/2017.**

_S. Rogers:_ I’m sorry for calling you so late, but this’ll only take a minute.  

_S. Rogers:_ My name is Steve Rogers. You can call me back at 804-555-0148.

_S. Rogers:_ Five months ago, the man formerly known by the codename “Winter Soldier” turned himself in. Since then he’s been held in a top secret location by the United States federal government. Three months ago, the “Winter Soldier” was confirmed to be former Army Sergeant James Buchanan Barnes. Within the next month, the UN, in conjunction with the International Criminal Court, will charge him with war crimes and set a trial date. A year from now, he could be dead.

_S. Rogers:_ He’s innocent, Mr. Sousa. He’s innocent, and he might die.He needs your help. I need your help.

****  
  


-

**Trends** · Change

#JamesBarnes

James Barnes Guilty

James Barnes Innocent

International Criminal Court

#ChristmasInJuly

#KatyPerryCollab

#FarwellJimmy

#SunnyFinale

#Star Wars8

-

****  
  


**Natasha** (630-306-2673) · seen @ 8:24AM  
What’s cooking, good looking? :)  
  


 **Bruce** (748-442-0283) · sent @ 8:30AM

What’s the story, morning glory?

**Natasha** (630-306-2673) · seen @ 8:31AM

We’re absolutely disgusting. I would punch us in the face.  
  


 **Natasha** (630-306-2673) · seen @ 8:33AM

But seriously what’s up? How was your cousin’s graduation?

**Bruce** (748-442-0283) · sent @ 8:35AM

Jen’s? Good. It was really nice to see her again. I missed her a lot.

**Natasha** (630-306-2673) · seen @ 8:36AM

Did you cry? I bet you cried.

**Bruce** (748-442-0283) · sent @ 8:38AM

A tear may have been shed. You’ll never know though. ;)

**Natasha** (630-306-2673) · seen @ 8:40AM

Trust me. I would have rather been there. (Winky face? Really?)

**Bruce** (748-442-0283) · sent @ 8:42AM

Why? Israel not going well? ( ;) ;) ;) ;) )

**Natasha** (630-306-2673) · seen @ 8:43AM

I broke a rib.

**Natasha** (630-306-2673) · seen @ 8:43AM

Clint broke several ribs.

**Natasha** (630-306-2673) · seen @ 8:44AM

Pietro broke his nose. (& got blood on his track suit. What a shame.)

**Natasha** (630-306-2673) · seen @ 8:44AM

Wanda broke an ankle and a wrist.

**Natasha** (630-306-2673) · seen @ 8:45AM

Steve may have shattered all the bones in his left arm, but he’s fine now.

**Bruce** (748-442-0283) · sent @ 8:45AM

You guys OK? Oh, don’t let Steve watch the news.

**Natasha** (630-306-2673) · seen @ 8:46AM

Fine-ish. Wasn't planning on it but why not?

**Natasha** (630-306-2673) · seen @ 8:46AM

Is it that bad?  

**Bruce** (748-442-0283) · sent @ 8:48AM

It’s terrible. They’re tearing Barnes to shreds.

**Bruce** (748-442-0283) · sent @ 8:48AM

They’ve read some of the stuff people have been tweeting, & it’s not looking good for either of them.

**Natasha** (630-306-2673) · seen @ 8:49AM

What are they saying about Steve?  

**Natasha** (630-306-2673) · seen @ 8:51AM

Bruce?  

**Natasha** (630-306-2673) · seen @ 8:53AM

I'm not a child. You don't have to protect me. Tell me.   

**Bruce** (748-442-0283) · sent @ 8:54AM

“cap. america is a fuckin disgrace.”

“open ur eyes america! he fuckinggg knew!”

“barnes gives a bad rap to REAL pows. #thankaveteran”

**Bruce** (748-442-0283) · sent @ 8:56AM

Do you want me to go on?

**Natasha** (630-306-2673) · seen @ 8:59AM

That’s bullshit. All of it is bullshit.

**Bruce** (748-442-0283) · sent @ 9:00AM

You know that. I know that.

**Bruce** (748-442-0283) · sent @ 9:03AM

Listen, I have to go. My flight is at 1PM & I’m taking Jen to brunch before I head back to NYC.

**Natasha** (630-306-2673) · seen @ 9:04AM

  
Drink a Screwdriver (or three) for me.

**Bruce** (748-442-0283) · sent @ 9:04AM

I won’t. :)

**Natasha** (630-306-2673) · seen @ 9:05AM

  
I miss you. Ciao for now, brown cow.

 

 **Bruce** (748-442-0283) · sent @ 9:06AM

I miss you too. Stay safe. Bye bye, french fry.

-

**Fox News** @FoxNews · 22s

The First Lady speaks for justice, asks future jury to think of victims’ families. [fxn.ws/das23](d)

 

 **TIME.COM** @TIME · 1m

Inside the media backlash surrounding the First Lady’s comments.  [ti.me/16456s](d)

 

 **Fox News** @FoxNews · 10m

BREAKING: First Lady says she has “no regrets” regarding #JamesBarnes statement.

 

 **TIME.COM** @TIME · 20m

What does this statement mean for the administration going forward? Our experts speak out. [ti.me/348494](d)

 

 **Al Jazeera English** @AJEnglish · 34m

BREAKING: First Lady professes #JamesBarnes guilt.

 

 **CNN** @CNN · 45m

BREAKING: First Lady says “I believe #JamesBarnes knew exactly what he was doing.”

 

-

 **CNN** @CNN · 9m

BREAKING: Where in the world is Captain America?

**Fox News** @FoxNews · 12m

BREAKING: Avengers Strike Team lands at LaGuardia. Cap. America noticeably absent.

**NPR News** @nprnews · 21m

The world is asking “Where is the Avengers’ official statement?” [n.pr/1I9SQNR](g)

**The New York Times** @nytimes · 30m

Will Cap be involved with the defense? Experts weigh in,[ nyti.ms/1xq235](h)

**Al Jazeera English** @AJEnglish · 45m

[@RealTonyStark](f) meets with #JamesBarnes prosecution team, sources say. | [aje.io/28497ts](f)

 

 **CNN** @CNN · 54m

BREAKING: [**@RealTonyStark**](d) meets with prosecution in the #James Barnes case.

 

**-**

**The following is a segment as it aired on National Public Radio (NPR) at approximately 5:45PM EST on Monday, 09/18/2017.**

_D. Gonyea:_ If you’re a follower of Earth’s Mightiest Heroes, as I imagine many of you are, then you already know that’s it’s been a very interesting week. Let’s recap, shall we?

_D. Gonyea:_ Exactly one week ago, last Thursday, Bruce Banner departs from JFK International Airport to travel California, reportedly to see his younger cousin, Jennifer Walters, graduate summa cum laude from the prestigious Stanford Law School.  

_D. Gonyea:_ Three days later, on Sunday, an Avengers Strike team composing of Natasha Romanoff, Clint Barton, Steve Rogers, as well as Pietro and Wanda Maximoff departs also from JFK International Airport to travel to Tel Aviv for a reason not yet known.

_D. Gonyea:_ On Tuesday of this week, Banner returns from California and is picked up at JFK by two people who are reported to be Pepper Potts and Colonel James Rhodes, long time associates of Tony Stark.

_D. Gonyea:_ On Wednesday, Tony Stark, clad in sunglasses and a baseball cap, is seen leaving NYU School of Law where the prosecution team on the James Barnes trial has set up their quote unquote home base. A picture of the event was leaked today.

_D. Gonyea:_ Wednesday night was an eventful one. Stark and Banner are seen eating dinner at one of the New York’s premier steakhouse. Eyewitnesses report the dinner ending with Banner leaving abruptly before the bill came. However, eye witnesses are unaware if the two seemed to be arguing.

_D. Gonyea:_ The same night, during her NBC interview, the First Lady accidently let it slip that she believes that James Barnes is guilty, igniting a media firestorm.  

_D. Gonyea:_ This morning, the Avengers Strike Team lands in LaGuardia airport. Pietro Maximoff stepped off the plane with bruising and swelling around his nose. His sister disembarked on crutches with her wrist in what appeared to be a cast. Romanoff and Barton seemed to have no visible injuries, but there are quite a few photos of Barton stopping to wince. Most notably Steve Rogers did not disembark with the group.

_D. Gonyea:_ All of this leads to the big question of the day: Where in the world is Captain America?

-

****  
  
  
  


**Trends** · Change

#JamesBarnes

James Barnes Guilty

James Barnes Innocent

#WhereIsCap

#FirstLady

#KimKardashian

#YeezyTaughtMeGood

#FirstLadyComments

#BringBackFleek

****  
  
  


-

**Sharon** (804-555-4568) · seen @ 2:15PM

Where’s Steve?  

**Natasha** (630-306-2673) · seen @ 2:15PM

Haven’t seen him.

**Sharon** (804-555-4568) · seen @ 2:18PM

Do me a favor, Natasha, and cut the BS. You were one of the last people with him.

**Natasha** (630-306-2673) · seen @ 2:19PM

I have not seen him, Sharon.

**Sharon** (804-555-4568) · seen @ 2:21PM

I don’t believe you.

**Natasha** (630-306-2673) · seen @ 2:22PM

You don’t have to.

****  
  


-

 **Natasha** (630-306-2673) · seen @ 2:37PM  
You owe me big time, Steve. Like new motorcycle big.

-

**The following is a segment as it aired on Anderson Cooper 360 at approximately 8:15PM EST on Tuesday, 09/22/2017.**

_A. Cooper:_ Alright, so since you seem to be so fond of the topic, let’s talk the James Barnes case. The prosecution team seems to be set-.

_F. Nichols:_ As much as I hate to interrupt you-.

_A. Cooper:_ Yes, I’m sure it absolutely kills you considering this is the sixth time you’ve done it, Felica.

[laughter]

_F. Nichols:_ As I was saying, as much as I hate to interrupt you, I’d like to remind you that the prosecution team is in no way set. Riight now, the only members of the prosecution are head lawyer Kenny Figueroa and a couple paralegals from his office. I wouldn’t be shocked if we see at least another three or four lawyers join the team before this goes to trial.

_A. Cooper:_  And who would those lawyers be?

_F. Nichols_ : That’s the million dollar question. There have been a few names thrown around, mostly Ivy League bigwigs, but personally, I don’t think it’s going to pan out that way.

_A. Cooper:_ You don’t?

__

_F. Nichols:_ While I haven’t personally spoken to anyone involved with the prosecution, I think both sides of this trial are going to try to invoke a lot of emotion from the jury. The prosecution would be silly not to look for someone who is personally attached to the trial. When you think of that, the two choices seem pretty obvious.

_A. Cooper:_ Really?

_F. Nichols:_ You sound shocked. You shouldn’t be. There are only two names that could be bring the kind of star power and emotional appeal needed to win over a jury. My bet is that we’ll be seeing either Jennifer Walters or David Sousa joining the prosecution team in the near future.

_F. Nichols:_ In case some of the folks out there watching didn’t know, Jennifer Walters is Bruce Banner’s younger cousin. She very recently graduated from summa cum laude from Stanford. Professionally, having a case as major as this for her first job could be life changing. This would launch her right into legal superstardom we haven’t really seen since the OJ trial. Although, her relationship with Banner might be her biggest asset or her biggest roadblock.

_A. Cooper:_  I don’t seem to be following you.

_F. Nichols:_ Walters and Banner are incredibly close. She has referred to Banner as her “big brother” numerous times, most notably in an essay she wrote in 2012 shortly after the Invasion of New York. If Banner, for some reason, decided to side with Barnes, I think she would pass it up.

_F. Nichols:_ Anyway, moving on. David Sousa could be key for the prosecution team. The Winter Soldier is so intertwined with his life. Unfortunately, he is responsible for eliminating almost every male figure in Sousa's.

_F. Nichols:_ Jack Thompson, long time friend of the Sousa family, Navy Cross recipient, and one of SHIELD’s first agents, was found dead in September 1969, the same year Sousa entered his freshman year. His body was discovered in his apartment by the late Peggy Carter after she noted that he hadn’t shown up to work that day. She reported to the NYPD that she arrived at his apartment to check on him, knocked on the door, and received no answer. She then found a spare key and let herself in only to be greeted by Thompson’s corpse hanging from a noose.

_F. Nichols:_ It was later revealed in September of 2015 that the Winter Soldier had murdered Thompson, and the organization known as HYDRA had only staged the death to look like a suicide.

_F. Nichols:_ Ten years later, Sousa’s younger sister, Angela, who was only 19 at the time, arrived home to find her father facedown in their living room, neck slit from ear to ear. The attack was written off as a home invasion despite the fact that none of the family’s personal possessions seemed to be missing. Daniel Sousa, Purple Heart recipient and SHIELD’s first Director of Counterintelligence, was buried in a family plot in Boston and rested in peace until March of 2016. It was in March of last year that an anonymous file dropped online alleging that Daniel’s death was one of many planned as part of a HYDRA plot called “Operation Orientation.”

_F. Nichols:_ We of course know what happened to Howard Stark, another Sousa family friend who happened to secure Sousa his first job, in the early 90s.

_A. Cooper:_ That’s absolutely tragic, but I suppose we’ll have to wait and see. Thank you, Felicia, for your commentary. Stay with us after the break because up next we’ll be talking to American poet Andrew Shelly about his new book.

-

**Fox News** @FoxNews · 13m

Both Sousa and Walters denied to comment after multiple attempts were made to contact them.

 

 **TIME.COM** @TIME · 17m

Is David Sousa the ace in the hole the #JamesBarnes prosecution needs? [ ti.me/34sdhf](d)

 

 **Al Jazeera English** @AJEnglish · 26m

Who is Jennifer Walters? A social media guide | [aje.io/2fhr45jw](d)

 

 **CNN** @CNN · 39m

Cold Case? Reopening the books on some of SHIELD’s first men. [cnn.com/168we](d)

-

**Sharon** (804-555-4568) · seen @ 7:42PM

Where are you, Steve? It’s been three weeks. I’m worried.

**Natasha** (630-306-2673) · seen @ 8:12PM

You told me this would take 5 days tops. Where are you?

**Bruce** (748-442-0283) · seen @ 8:52PM

I get wanting to be alone. I get wanting to run away.

**Bruce** (748-442-0283) · seen @ 8:53PM

But I’m here to tell you that you don’t have to. Come back, Steve.

**Tony** (844 783-2345) · seen @ 9:21PM

hello? ?? where r u?

**Sam** (804-568-1237) · seen @ 9:23PM

there’s a 5k in DC next weekend. i signed us up. expect to see you there.

**Sam** (804-568-1237) · seen @ 9:25PM

please just come back, man.

 

-

**The following is a message left on the cell phone of Steve Rogers at 9:48PM EST on Saturday, 10/12/2017.**

_D. Sousa:_ Hey, Cap, it’s David. I hope you’re doing well.

_D. Sousa:_ It was great to finally get to speak to you in person. I just want to thank you on behalf of Marissa, my secretary. Yeah, her son was thrilled that he now has a baseball hat signed by Captain America himself. That was really generous of you.

_D. Sousa:_ But you know the real reason I’m calling. I’ve given what you said to me on Thursday a lot of thought. I mean several sleepless nights worth of thought, and I’ve made a decision.

_D. Sousa:_ I’ll do it.

-

****  
  


**sunny ☀️** @rayofSUNshine · 21s

i hope you all know that i still got grounded for using my phone in church :/

**CNN** @CNN · 34s

BREAKING: Steve Rogers resurfaces in Boston a month after has disappeared.

**Al Jazeera English** @AJEnglish · 3m

“Is that who I think it is?” One girl’s discovery| [aje.io/jb54](d)   
  


**Fox News** @FoxNews · 4m

BREAKING: Captain America turns up inside Boston area church.

**sunny ☀️** @rayofSUNshine · 9m

totally going to be grounded but is that who i think it is? [pic.twitter.com/5IQ234d](d)

-

****  
  
  


**Trends** · Change

#JamesBarnes

James Barnes Guilty

James Barnes Innocent

#FoundCap

#RayofSUNshine

#DaftPunkAlbum

#OffensiveHalloweenCostumes

#GossipGirlReboot

#ChickFilAonSunday

-

****  
  


**The following is an excerpt from Entertainment Tonight! as it showed at 7:26PM EST on Saturday, 10/19/2017.**

_R. Diaz:_ You know it’s times like these I’m proud to be an American. Oh yeah, you guys know what I’m talking about it.

_R. Diaz:_ After a mysterious month long absence, Captain America is back in the spotlight and looking better than ever. Dressed in white, head to toe, Cap and his friend, VA counselor Sam Wilson, took on the Color Run today. While Cap seemed to get a little messier than most, he took it all in stride. He was even seen signing autographs and chatting with fans after the race.

_R. Diaz:_ But seriously, can we bring up those pictures again? Look at his legs. I missed those legs.

-

****  
  


**David José Sousa** @DSousaJD · 25m

I believe with justice. Do you? #BarnesIsInnocent

**David José Sousa** @DSousaJD · 26m

I am honored to announce that I will be taking the role of lead defender in the trial of James Barnes.

-

**The following is a segment as it aired on Anderson Cooper 360 at approximately 3:48PM EST on Tuesday, 10/24/2017.**

__

_A. Cooper:_ It’s been almost a month since we last spoke, and it seems like you’ll be revising some former statements, Felica.  

_F. Nichols:_ I am absolutely baffled, Anderson. I’m stunned. Never in my wildest dreams did I imagine that David Sousa would become the lead defender. I am completely blown out of the water. Right now, the only thing I’m interested to see if he mentions what changed his mind in his upcoming press interview.

_A. Cooper:_ Well, I guess you’ll find out soon enough. That’s right, folks. Stay with us because CNN will be coming to you live from Boston in a few minutes for the press release where it’s assumed David Sousa will officially announce that he’s going to be joining the defense in the trial of former Howling Commando James Barnes.

-

**The following is the following is the full CNN broadcast of the David Sousa press release at 4:15PM EST on Tuesday, 10/24/2017.**

****  
  


_D. Sousa:_  Good evening, ladies and gentleman.

_D. Sousa:_  Like so many of you here, I remember being lulled to sleep as my mother recounted to me the stories of the 104th Regiment. Although I suppose none of you have had the distinct pleasure of watching several Howling Commandos eat all of the potato salad at your graduation party.

[laughter]

_D. Sousa:_ But in all seriousness, I was captivated by the actions of a few brave men. I aspired to be as intelligent as Gabe Jones, as patriotic as Jacques Dernier, as witty as Timothy “Dum Dum” Dugan. I wished to inspire as much faith and trust as Steve Rogers. However, I was most captivated with the story of Bucky Barnes. Whenever I thought of him, I thought of the noblest of qualities. I thought of duty and of diligence and of sacrifice.

****  
  


_D. Sousa:_ My thoughts have not changed. It is my personal belief that James Barnes was forced to commit these atrocious acts and was, until seven months ago, America’s longest serving Prisoner of War. That is a personal belief I intend on proving in a court of law.

__

_D. Sousa:_ Thank you and good night.     

-

****  
  
  


**Fox News** @FoxNews · 16m

Big words from @DSousaJD tonight at his press release.

 

 **TIME.COM** @TIME · 23m

Can [@DSousaJD](d) win? Our legal analysts weigh in and what they find may shock you [ti.me/2390df](d)

 

Al Jazeera English @AJEnglish · 54m

BREAKING: [@DSousaJD ](d)“#JamesBarnes forced to commit acts”

-

**The following is a recording left on the answering machine at Sousa & Associates Law Firm, Boston, MA at approximately 5:30PM EST on Friday, 11/17/2017.**

****  
  


_S. Carter_ : Nice speech, Davie, but I know you.

_S. Carter:_ You’re not doing this out of the goodness of your heart. You never do anything that doesn’t in some way benefit Davie. So what is it? What drew you to this case? How does this work out for Davie?

[pause]

_S. Carter:_ I hope you realize that a man’s life is hanging in the balance. I hope for all of our sakes that you realize that isn’t and will never be about you.

****  
  


-

****  
  


**The following is a recording left on the answering machine at Sousa & Associates Law Firm, Boston, MA at approximately 2:45AM EST on Saturday, 11/17/2017.**

****  
  


_A. Saunders:_ Davie, it’s Angie. I was going to call you at home, but I didn’t want to wake up Naomi. So I called your office. I hope you get this.

 

 _A. Saunders:_ I was at the mall the night Dad died. I snuck out with Lori and Rose. Do you remember them? You tried to date Rose. She shot you down cold. Anyway, I went to the mall even though Mom had grounded me a week earlier. I went to the mall to buy Daisy Dukes even though Dad would have never let me wear. And you know what I got when I got home?

 

 _A. Saunders:_ The front windows were broken. Dad’s crutch and his prosthetic were both in the hydrangea bushes Mom and Aunt Angie planted outside. The door was off its hinges, and I don’t know why, but I had to step into that house. I came home to find the carpet soaked red.  The entire room smelled like blood, that disgusting kind of iron tang. But that wasn’t the worst of it. I found my father. I found the one man I loved most in the world dead with his throat completely split. I don’t even remember screaming. I just remember his lifeless body and reciting the only prayer I remembered from Sunday School.

_A. Saunders:_ His blood coated my hands, hot and slick, and the only thing I could say was ‘Ave Maria, gratia plena...’ That’s the way they found me. The neighbors dropped by when they saw the windows were broken. They found me rocking with his body and praying.

_A. Saunders:_ But that wasn’t the worst of it. No, what hurts the most is the fact that death seemed to be so finte. Dad never got to see us graduate from school. He never got to walk me down the aisle. He never met our children. He never got to grow old.

_A. Saunders:_ And now you’re defending the man who did this to him. James Barnes, no matter who he was before this, murdered our father in cold blood. He murdered him, and now you’re trying to make sure he just walks free.

_A. Saunders:_ You’re my brother, and I love you, Davie. I just don’t know how I’m going to look you in the eye ever again.

****  
  


-

****  
  
  
  


**The New York Times** @nytimes · 50m

With less than 3 months to go, does @DSousaJD have a plan? [nyti.ms/1xqgdf5](d)

**Al Jazeera English** @AJEnglish ·58m

Why have the @Avengers have yet to issue a comment about #JamesBarnes trial? | [aje.io/28hs](d)

 

 **CNN** @CNN · 1h

A very Avengers’ Christmas? [cnn.com/3240df](d)

-

****  
  


**Trends** · Change

#JamesBarnes

James Barnes Guilty

James Barnes Innocent

#MerryChristmas

#HappyHolidays

#BlackFridayMishaps

#DavidSousa

#NativityMovie

#AllIWantForChristmas

-

****  
  
  


**The following is an excerpt from an article found in People Magazine which hit newsstands on Friday, 12/29/2017.**

****  
  


A Tale of Two Neighborhoods?

You didn’t hear it here, but it appears that there are battleline forming within the Avengers. This time it’s Captain America and Tony Stark going head to head with one another this holiday season.

For the first time in years, STEVE ROGERS was spotted celebrating the holidays without his fellow Avengers. He appeared twice in Harlem, seemingly celebrating with friends SAM WILSON, SHARON CARTER, and NATASHA ROMANOFF. Avengers CLINT BARTON and BRUCE BANNER were spotted dropping by despite spending the majority of the season with family in Iowa and California respectively.

On the other side of town, TONY STARK was celebrating in grand fashion with girlfriend PEPPER POTTS and longtime friend JAMES RHODES in one of his personal apartments. BANNER was also spotted delivering a large package on his way to JFK International Airport.  

As for the Jewish MAXIMOFF TWINS? No need to worry there. They were seen boarding a flight to their home country of Latveria.

The only thing the Avengers seemed to have in common this holiday season? Each one of them was spotted booking a flight to The Netherlands for the same March 6th date. The JAMES BARNES trial is set to begin at the International Criminal Court on March 12th.  

 

 


	3. ball lighting (march 5th, 2018 - april 6th, 2018)

**Summary for the Chapter:**

> The trial begins.

**Notes for the Chapter:**

> lol it's been a year since i updated this. i also apologize for not formatting this as i normally do. ao3 was being weird.

  
**Day Four of the 167th Case of the International Criminal Court, Application of the International Convention on the Result of International War Crimes (United States/Russia/Mexico/Romania v. Fmr. Sgt. James B. Barnes)**

 

_K. Figueroa:_ Can you please state your full legal name for the record as well as your relationship to the defendant for the court? 

_R.B. Proctor:_ My name is Rebecca Phyllis Barnes Proctor, and the defendant is my eldest brother, Sergeant James Buchanan Barnes. 

_K. Figueroa:_ Let the records show that Barnes was recently stripped of his rank, making him a former United States Army Sergeant. 

_Honorable Judge van den Wyngaert:_ Motion granted. 

_K. Figueroa:_ Thank you, though, Mrs. Proctor. I understand you have travelled a long way to be with us today, and I would like to tell you on behalf of the court that we all appreciate it. 

_R.B. Proctor:_ There’s only one person I came here to be with and it sure as hell isn’t you, Mr. Figueroa. 

_K. Figueroa:_ A motion to strike that from the record, Your Honor. 

_Honorable Judge van den Wyngaert:_ So stricken. I understand that this emotionally draining for you, Mrs. Proctor, but please watch your mouth. 

_R.B. Proctor:_ Don’t you dare try and tell me to watch my mouth, you-. 

_K. Figueroa:_ Your Honor?

_Honorable Judge van den Weyngaert:_ So stricken. This is a court of law, Mrs. Proctor, not a saloon. If you continue with these outbursts, I have no choice but to have you removed from the court. Forcibly if necessary. It would be in your best interest to do all that you can in order to make it unnecessary. Do you understand?

_R.B. Proctor:_ I do. 

_Honorable Judge van den Weyngaert:_ Then let’s continue.

_K. Figueroa:_ Of course, Your Honor. It would be my pleasure. Now getting to the matter at hand, Mrs. Proctor. You said that the defendant was your eldest brother?

_R.B. Proctor:_ Yes. Bucky was the eldest, born in the spring of 1917. After that it was my brother Peter, born in the fall of 1919. After him it was my other brother Andrew, born in the winter of 1920. My mother experienced two miscarriages before I was born in the summer of 1923. 

_K. Figueroa:_ So as both the youngest and the only girl, you must have had a special relationship with the defendant, correct? 

_D. Sousa:_ Objection, Your Honor. The question was leading. 

_Honorable Judge van den Weyngaert:_ Sustained. 

_K. Figueroa:_ Allow me to reword the question, Your Honor. Could you please describe your relationship with the defendant?

_R.B Proctor:_ I could.

_K. Figueroa:_ Would you please do so, Mrs. Proctor? 

_R.B Proctor:_ What do you want to know? 

_K. Figueroa:_ Could you please describe what it was like to be Mr. Barnes’ younger sister?

_R.B Proctor:_ I suppose it was the best it could have been. Looking at the people sitting here I realize that my brother might not have been the smartest or the strongest or even the bravest. He protected me when I needed to be protected, sure. All of my brothers did that. More importantly, Bucky knew exactly when I didn’t need to be protected. He adored me and wanted the very best for me, but he knew I was my own person. Not many men were like that in my day.

_K. Figueroa:_ Men were not like what, exactly, in your day, Mrs. Proctor?

_R.B Proctor:_ Let’s just say there weren’t many good men in my day. Bucky was different. Ask anyone who knew him. The man I knew was a good man in all the ways that it counted. 

_K. Figueroa:_ Just now, you referred to your brother as “the man you knew,” are you trying to suggest that you don’t see any of your brother in the man sitting before you? 

_R.B Proctor:_ Well, his hair is a bit longer, and he was usually clean shaven. You see my mother, God rest her soul, hated it when her sons didn’t shave. Always said no son of hers was going to go around looking like a homeless man. Anyway, Bucky was always the favorite among us. It was probably because he almost always did just what she said. But you know, Mr. Figueroa, I think he shaved so religiously because my brother was a little bit vain. He liked being able to look at his own face.

_K. Figueroa:_ Mrs. Proctor, please answer the question. 

_R.B Proctor:_ Well you know, I can see a little bit of Bucky in this man, but it’s strange. Last time I saw him, my brother had both of his arms. He must have seemed to misplace one of them in the seventy three years since I’ve seen him last. 

_K. Figueroa:_ You know very well, Mrs. Proctor, that his quote unquote arm was considered a weapon of mass destruction and by law is not allowed in this courtroom.

_R.B Proctor:_ You stripped him of his arm. It was a part of his body. 

_K. Figueroa:_ We can’t amend the law because you feel as if your brother was wronged. 

_R.B Proctor:_ Well, ain’t that what laws are for? Ain’t they for righting wrongs?

_K. Figueroa:_ May I remind the jury that the law is for protecting innocent people. Innocent people your brother, acting on his own accord as we will prove, murdered.

_D. Sousa:_ Objection, Your Honor!

_Honorable Judge van den Weyngaert:_ On what grounds, Mr. Sousa? 

_D. Sousa:_ Which grounds are exempt would have been a better question, Your Honor. Mr. Figueroa was completely and totally out of line during that exchange. I could count the ways. 

_K. Figueroa:_ Yes, let’s, Mr. Sousa.

_Honorable Judge van den Weyngaert:_ I don’t remember asking to hear you speak, Mr. Figueroa. You may have the floor right now, but I still own the building. 

_D. Sousa:_ The counsel is testifying as well as attempting to argue the law. Mr. Figueroa’s questions were inflammatory at best and could be considered badgering at worst. He is treating his witness, a witness he called from her home thousands of miles away, as a hostile. 

_Honorable Judge van den Weyngaert:_ Objection -Objections?- sustained. Mr. Sousa, please sit down. Mr. Figueroa, either question the witness in an acceptable manner or sit back down. 

_K. Figueroa:_ Your Honor? 

_Honorable Judge van den Weyngaert:_ Did I stutter?

_K. Figueroa:_ No, Your Honor.

_Honorable Judge van den Weyngaert:_ Then please continue. 

_K. Figueroa:_ Thank you, Your Honor. 

_K. Figueroa:_ So I’d like to reiterate that you and your brother were very close, correct?

_D. Sousa:_ Objection, Your Honor! Asked and answered. Mrs. Proctor has already told the jury that she had an intimate relationship with her brother. I don’t know what Mr. Figueroa is trying to get at, but this is clearly an already exhausted line of questioning. 

_Honorable Judge van den Weyngaert:_ Any response?

_K. Figueroa:_ I was simply trying to clarify for the members of the jury, members of the press here with us today, and obviously for yourself after a rather long break from questioning after the previous objection. 

_Honorable Judge van den Weyngaert:_ You’re not exactly doing anyone a favor, Mr. Figueroa, but I’ll allow you to continue this line of questioning. Mr. Sousa, the only thing this court is exhausted of is your objections. Please choose them wisely in the future. 

_D. Sousa:_ Yes, Your Honor. 

_Honorable Judge van den Weyngaert:_ Thank you. Mrs. Proctor, can you please answer the question?

_R.B Proctor:_ Which was? 

_K. Figueroa:_ You and your brother were very close, is that correct, Mrs. Proctor?

_R.B Proctor:_ Yes, that’s correct. Me and Bucky, we were as thick as thieves, practically inseparable. We, along with Steve Rogers, did just about everything together. The nuns used to call me their shadow, since I always seemed to a few steps behind them. 

_K. Figueroa:_ Understanding that, did Mr. Barnes ever consult you regarding important issues regarding his personal life?

 

_R.B Proctor:_ I don’t understand the question. 

_K. Figueroa:_ Since the two of you were so close, is there anything you were privy to that perhaps the other members of your family, such as your parents or your brothers, maybe weren’t?

 

_R.B Proctor:_ I mean, yes, of course there was. There was things that I was sure that he only told me, stuff that I was sure that he wouldn’t want anyone else to know. And those were secrets I’m intent on taking to my grave. 

_K. Figueroa:_ I’m quickly going to remind you here that you are under oath, Mrs. Proctor. However, moving on, I’m also going ask you if you can identify some documents for me. 

_K. Figueroa:_ Let the record reflect that I am approaching the witness with what has been marked as Prosecution One. 

_Honorable Judge van den Weyngaert:_ It shall so reflect. 

_K. Figueroa:_ Mrs. Proctor, do you know what this is?

_R.B Proctor:_ These are the letters Bucky wrote to me from overseas, back during the war..

_K. Figueroa:_ So you do recognize them? They don’t appear to be altered in any kind of way, correct? 

_R.B Proctor:_ These seem just like the letters Bucky sent me when he was fighting. I don’t see anything different from them.

_K. Figueroa:_ Then could you please read along with me while I read aloud.

_R.B Proctor:_ Yes, I could.

_K. Figueroa:_ : Alright, then. This is an excerpt from one of the few letters your brother sent back home to you in Brooklyn from his post in the French and Italian fronts. 

_K. Figueroa:_

“You know, Rebecca, I could kill all of them. I could kill every single one of those fuckers. I could. I know how. That’s what they teach you in the army, did you know that? They teach you how to look a man in the eye, right in the very dark part of his eye, and kill him. 

And the funny thing is that isn’t the hard part. Not really. 

It’s real easy to teach someone how to kill a man. It’s harder to teach them how to kill a man without feeling an ounce of remorse. But Becky, you know, I think I finally mastered that part. 

I could kill all of them and not feel a thing.” 

_K. Figueroa:_ Did I read that right? 

_R.B Proctor:_ Yes, but I mean-. 

_K. Figueroa:_ No further questions, Your Honor. 

-

 

****

The following is an excerpt of the transcript of Anderson Cooper 360 that originally aired on Monday, 03//2018.

 

_A. Cooper:_ Tonight, I’m happy to introduce my guest tonight. He’s a former member of the US Special Forces and one of the world’s leading experts on Post Traumatic Stress Disorder in what the world now calls “Enhanced Persons.” Ladies and gentlemen, please join me in welcoming Sam Wilson. How are you tonight, Mr. Wilson? 

_S. Wilson:_ I’m doing okay, thank you for asking. I’m honored to be on the show with you today. 

_A. Cooper:_ We’re honored to have you. It’s my understanding that you flew all the way from the Netherlands to be here tonight is that correct? 

_S. Wilson:_ Yeah, I flew in this morning actually. It wasn’t too bad of a flight, to be honest. 

_A. Cooper:_ Well, this obviously has been a big week for you, and for the world. We’ve heard some troubling statements coming out of the James Barnes trial. 

_S. Wilson:_ Yeah, I mean I don’t necessarily feel comfortable repeating them on national television, but some of the things that were said in that courtroom that were obviously quite disturbing. 

_A. Cooper:_ Have you been present throughout this entire trial?

_S. Wilson:_ Yes, I have. 

_A. Cooper:_ Can you make any conclusions about the mental state that James Barnes might have been in during some of the statements and events we’ve heard about? 

_S. Wilson:_ I could. But I’m not going to. It’s kind of an ethics thing. I know the therapist that Mr. Barnes has been talking to, but I myself have never talked to him as anything other than a friend. 

_S. Wilson:_ Sorry, I couldn’t be of more help, man. 

 

-

**Day Five of the 167th Case of the International Criminal Court, Application of the International Convention on the Result of International War Crimes (United States/Russia/Mexico/Romania v. Fmr. Sgt. James B. Barnes)**

 

_D. Sousa:_ I’m going to try and make this as quick and painless as I can for you, Mrs. Proctor. I know this has been a very, very difficult time for you. Do you think you can bear with me for a few more minutes?

 

_R.B Proctor:_ I don’t have much of a choice, now do I?

_D. Sousa:_ No, not particularly. But I just have one question for you, Mrs. Proctor? That letter Mr. Figueroa read on direct examination, can you give it some context? Perhaps when it was written or the events surrounded its creation? 

_R.B Proctor:_ It was right after Steve-, Captain Rogers, saved him. My brother was a prisoner of war for months before he wrote that letter. He had been captured by Nazis and kept by himself for days.. Some of the men I talked to after he “died” said he sacrificed himself for them. They said that when the Nazis came looking for someone to do experiments on, to maybe even kill, he volunteered. They told me that he said that he couldn’t see men with wives and families dying in a Nazi lab. He saved their lives. 

_D. Sousa:_ So when he was talking about killing men...?

_R.B Proctor:_ He was talking about the Nazis. He was talking about the dogs that probed and violated and broke him down until he didn’t know what was real and what was just his own mind playing tricks on him. 

_R.B Proctor:_ My brother was sick in the head long before he fell off of that train. 

_D. Sousa:_ Thank you, Mrs. Proctor. You may step down. 

-

 

**CNN @CNN · 5m  
** PTSD-ridden POW or Cold Blooded Killer: a tale of two defenses. More at 8pm EST. 

**Al Jazeera English @AJEnglish · 8m  
** Sam Wilson “But I’m not going to”: Why he made the right choice? | aje.io/ikwmk

**Fox News @FoxNews · 10m  
** Is the Winter Solider an afront to real PTSD sufferers? fxn.ws/1D75sdfad

 

-

 

****

Day Nineteen of the 167th Case of the International Criminal Court, Application of the International Convention on the Result of International War Crimes (United States/Russia/Mexico/Romania v. Fmr. Sgt. James B. Barnes) 

 

_Honorable Judge van den Weyngaert:_ I’ve been told that this is one of your last witnesses, Mr. Figueroa. Am I correct? 

_K. Figueroa:_ Yes, that is correct, Your Honor. And at this time, I’d like to call Anthony Stark to the stand. 

_K. Figueroa:_ Hello, Mr. Stark. Can you please state your full name for the record? 

_A. Stark:_ You know who I am.

_Honorable Judge van den Weyngaert:_ I didn’t think the simple question of “What’s your name?” could have a wrong answer, and yet you have surprised me. Please comply, Mr. Stark. 

_A. Stark:_ Anthony Edward Stark is my full name. 

_K. Figueroa:_ Thank you for being here, Mr. Stark. Can you please describe your relationship to the defendant?

A. Stark: What relationship?

_K. Figueroa:_ Well you know Mr. Barnes, do you not?

_A. Stark:_ No, no. I know him, but it's not exactly like we're best buds. 

_K. Figueroa:_ How, Mr. Stark? I'm looking for how you know him.

_A. Stark:_ He murdered my parents. 

_K. Figueroa:_ I know this may be difficult, Mr Stark, but can you describe how exactly Mr. Barnes viciously murdered your parents?

_D. Sousa:_ Objection, Your Honor! 

_K. Figueroa:_ Dear Lord, here we go again. 

_Honorable Judge van den Weyngaert:_ I’m going to pretend that you never said that, Mr. Figueroa. I think that’s what would be best for all of us here. Mr. Sousa, on what grounds?

_D. Sousa:_ The question is more prejudicial than probative. By suggesting that my client quote unquote viciously murdered Mr. Stark’s parents makes a negative link between Mr. Barnes and the events that occurred in 1991.

_Honorable Judge van den Weyngaert:_ Are you debating whether or not that Mr. Barnes did it?

_D. Sousa:_ No, Your Honor. I just have a good faith belief that Mr. Figueroa is not using this question to truly discover how Mr. Stark’s parents passed away, but to prejudice the jury into thinking that Mr. Barnes maliciously attacked Howard and Maria Stark of his own volition. 

_Honorable Judge van den Weyngaert:_ Mr. Figueroa? 

_K. Figueroa:_ I’ll rephrase if it is that important to Mr. Sousa. 

_D. Sousa:_ Thank you. 

_K. Figueroa:_ So Mr. Stark, can you please tell us how Mr. Barnes contributed to the death of your parents?

_K. Figueroa:_ Mr. Stark, as I said earlier, I know this may be difficult you haven’t responded in over five minutes. 

_A. Stark:_ Dramatic effect. 

_K. Figueroa:_ Mr. Stark, can you please answer the question? 

_A. Stark:_ They were driving to the airport one. I had just come home from a study abroad. I was young. And stupid, if you can believe. And I never said goodbye, you know. They were murdered, and I never said goodbye. 

_A. Stark:_ He killed them. He ran them off the road. But they were still alive. The car crash didn’t kill them. They would have survived. But then, he -. He- . 

_K. Figueroa:_ Mr. Barnes did what, Mr. Stark?

_A. Stark:_ He dragged my dad out of the car, and onto the ground. He, he picked my dad up by his hair, with his good hand. You know, the real one. And then with the metal one, he bashed my father’s head in.

_K. Figueroa:_ What happened next, Mr. Stark?

_A. Stark:_ He put my dad back in the car, made it look like the crash killed them. Then he went over to, to my mom-, she was still alive. She watched as he murdered my dad. She was calling out for him the whole time. 

_A. Stark:_ But he went over to my mom, put his hand on her neck, and he choked her to death while she looked at my father’s dead body. 

_A. Stark:_ And when he was finished, and they were, - they were dead, he got on his motorcycle, and he drove away. Like it didn’t even matter. Like they didn’t even matter 

_K. Figueroa:_ Thank you, Mr. Stark. 

 

-

**TIME.COM @TIME · 1m  
** A Girl on the Perpetual Homefront: Remembering Rebecca Barnes Proctor and the Legacy of Mid-Era Women time.com/irnkg67

**Al Jazeera English @AJEnglish · 5m  
** Natural Causes or Homicide? Our doctors weigh in. | aje.io/rb345

**Fox News @FoxNews · 4m  
** BREAKING: Rebecca Barnes Proctor found dead in her hotel room a day before she was supposed to return to the US. 

-  
**Trends · Change  
** #JamesBarnes  
James Barnes Guilty  
James Barnes Innocent  
#RebeccaBarnes  
#TacoBellRewind  
#ColumbiaUniversity  
#ThanksMaury  
#PresidenteTrump  
#LillyforTarget

-

****

Day Twenty One of the 167th Case of the International Criminal Court, Application of the International Convention on the Result of International War Crimes (United States/Russia/Mexico/Romania v. Fmr. Sgt. James B. Barnes) 

 

_D. Sousa:_ Mr. Stark. 

_A. Stark:_ Davie. 

_D. Sousa:_ This is not your first time in a courtroom, Mr. Stark. I know you know what proper decorum is. Please use it. 

_A. Stark:_ Whatever you say, Davie. 

_D. Sousa:_ Moving on, Mr. Stark, can you please describe your educational background? 

_A. Stark:_ Uh, I did my undergraduate and both of my Masters at the Massachusetts Institute of Technology. I studied Electrical Engineering before I got a Master’s in Electrical Engineering and Computation for Design and Optimization. 

_D. Sousa:_ You didn’t mention anything about studying psychology, did you, Mr. Stark? 

_A. Stark:_ Uh, no.

_D. Sousa:_ So you don’t have any comprehension of the mechanisms of something like, so to say, the complete breakdown of someone’s mind and personal autonomy through repeated trauma? 

_A. Stark:_ What?

_D. Sousa:_ In a professional and intellectual capacity, you don’t fully understand some of the forces that may have caused my client to do what you described he did? 

_A. Stark:_ I don’t- 

_D. Sousa:_ Thank you, Mr. Stark. You may step down. 

-

**The following is the a partial reproduction of an op-ed piece written for the New York Times by famed NYU professor of Art and Digital Journalism, Haris Ihejirika, published on Friday, 04/06/2018.**

All great trials seem to have a defining moment. 

The Scopes Trial regarding the teaching of evolution in our public school will forever be known as the “Monkey Trial.”  
The Charles Manson trial exposed the nation to the terrifying world of “Helter Skelter,” and captured the imagination of the horror obsessed.  
The OJ Trial had its theme, the phrase that echoed down for the ages, “If the glove does not fit, you must acquit.”

Perhaps the most defining moment of the Barnes Trial is not a phrase or a word or a specific witness. 

Perhaps more than anything, it is a photo. 

A week ago, photojournalist Mariam Bucknell snapped the single most shared photo of the year. She says she took it a few moments after one of the court officers approached Barnes, still dressed in prison orange and single remaining arm and feet shackled to the floor, to tell him that his younger sister had been found dead in her hotel room. The photo captures a moment of sheer humanity in a man who has been so often humanized and dehumanized and everything in between during the duration of this trial.  
Barnes sobs. Not a soft manly set of tears, that exudes inner strength. He sobs a fully gulping sob of a person who has just realized that he has outlived both his younger sister and his last remaining family member. He breaks down in the face of an overwhelming amount of death. 

In that moment, he is no longer a killer or a soldier. 

There are others in the photo. An uncomfortable looking David Sousa, perhaps too unnerved by this outburst of emotion from a man that, although few seem to realize, he has only met a month ago. There are a few members of the press, tapping away on their phones, eager to profit from the pain of another human being. 

However, most importantly, on the very edge of the frame is a distraught Captain Rogers. He wears a somber black suit and matching tears streaming down his face. 

A single hand reaches out towards Barnes, and yet again, as it has for the past century, it does not find the body which it craves.


	4. crow instability (april 30th 2018 to july 19th 2018)

**The following is an excerpt from the 2018** **_Time Magazine_ ** **“Person of the Year” Annual Profile, reported by Angelica Merda-Genovese.**

 

After handing me a steaming mug, a deep eggplant color and filled with peppermint tea, David Sousa settles down in an armchair before the gallery wall in his immaculate Beacon Hill home.   
  
One picture stands out particularly from the conglomerate of old school photos, wedding photos, and family portraits. The photo of a gap toothed toddler, in his Sunday best naturally, bouncing on his mother’s lap is quaint and has the distinct ring of Americana. Although it does one best to remember that David Sousa’s mother is not American, or least she wasn’t until she became a naturalized citizen a few years after this photo was taken, shortly after her second child was born.   
  
From that photo, a serene Peggy Carter surveys the living room. She looks essentially the same as she did in the old wartime photos that have become so popular, the very same that have been blown up into full on posters and adorn the walls of undergraduate dorm rooms at practically university in the nation. Even in motherhood,  even in her absence, Carter looks peaceful, glance torn between what must have been the camera in front of her and her young son. Her hair is delicately placed over one shoulder, carefully crafted in loose curls. The varnish on her nails matches the lipstick she’s wearing. Her wedding ring, a simple gold band, is barely visible from the angle of the photo.     
  
I can’t help but to look at it. Over the course this trail, there’ve been so many rumors. Carter secretly had an affair with Howard Stark while she was married to Daniel Sousa, David’s late father. There is a particularly vicious rumor that both David and his sister, Angie as she is affectionately know, are both the children of Stark. Proponents of this theory say that Howard Stark, Tony Stark, and both of the Sousa siblings share the same nose. Other naysayers say that Carter was secretly a lesbian, unable to be her true self the constraints of time and power that she occupied. Others theorize that it’s David’s marriage that’s on the rocks, that long hours and a tough case have finally taken their toll. They ask, near constantly, what the cost of victory truly is.

 

“You’re looking at my mother, aren’t you, Ms. Genovese?” There is a weariness in David’s voice. If he is tired, though, I cannot genuinely tell. He has his mother’s serenity, and he hides emotion well.   
  
I sheepishly sip my tea. My face is burning slightly.

 

“Is it that obvious?” I ask after an embarrassingly loud slurp. David offers me a small smile. “I _am_ sorry for you loss though. It must have been... a difficult few years recently.”

 

“Well, it isn’t all bad, I suppose. I am the Person of the Year, aren’t I?” His smile gets a little brighter. “And of course you were looking at my mother. Nearly everyone who steps in this house does. She has...She has a unique presence, even in death. I don’t think another soul like her will ever walk this Earth again.”

 

There are ghosts that haunt this house, that haunt, perhaps, David Sousa himself. Across these walls, I can see them. Peggy Carter with her soft yet commanding presence seems to linger outside the confines of the frame. I can barely stand to look at the smiling photograph of Daniel Sousa and Jack Thompson, especially after sitting through this trail, listening to the ways they were brutally slaughtered.   
  
Most fascinating, there is the ghost of James Buchanan Barnes. There is a photo of Barnes and Carter, standing next to each other. From history, it was most likely after their regiment was deployed. Legend says that the two of them were friends before Peggy Carter had even met Steve Rogers.   
  
Barnes was a handsome young man. He was clean shaven, hair slicked back underneath his cap. He is smiling at the camera, extremely white teeth all in a perfect row. Carter is out of her uniform, in a rich midnight blue dress and bright red lipstick. She too is smiling and holding a glass of wine. They look joyful. For some reason, I am grateful that Carter died before she discovered the fact that Barnes had murdered her husband.   
  
Thanks be to God for small graces.

 

“But then again,” David brings me out of my own introspection,  “they always told me I was a mama’s boy.”

 

I laugh politely and nod, I am sitting across from the Person of the Year, a reward that most people recognize as one of the greatest achievements that one could make in the eyes of the American media. I’m also sitting across from one of the greatest legal minds of my generation. Even before he took this case, although it seems more and more likely that James Buchanan Barnes will define Sousa’s legacy, he was one of the most accomplished criminal lawyers in America. Starting as an Air Force JAG, working his way to become one of the most prolific District Attorneys in Boston history, before abandoning it all to open his own practice. He put some very horrible people into prison for some very long periods of time.

 

“Why defend this man?” The words come rushing out of my mouth, which is a rather strange sensation for a journalist. We make a living, much like lawyers, on using the right words at the right times. I haven’t even asked him about his background, and he seems to pick up on that.   
  
“You haven’t even asked me where I went to law school yet.” He leans back in his chair. “But I have a feeling you already know that I went to Columbia. Journalists don’t usually come to ask questions that they can Google the answer to.”   
  
I take another sip from my mug. ‘You’re right. They don’t.”   
  
David sighs softly.  “You’re not the first person to ask me this. After all, there’s pretty good chance that this man brutally murdered my father. So why would I, a dutiful son by all accounts, choose to defend the man that has caused his family so much pain?”   
  
I sit on the edge of my seat, waiting patiently for answer.

 

“It’s simple,” he says. Peggy Carter peers over his right shoulder. “I like a challenge.”

 

-

  
  


**Day Twenty Four of the 167th Case of the International Criminal Court, Application of the International Convention on the Result of International War Crimes (United States/Russia/Mexico/Romania v. Fmr. Sgt. James B. Barnes)**

_Honorable Judge van den Weyngaert:_ Mr. Sousa, I believe that the court is ready for you to proceed.  You are now welcome to call your last witness to the stand.

 _D._ _Sousa:_ Thank you, Your Honor. The defense calls their first witness, Captain Steve Rogers, to the stand. 

 _D. Sousa:_ Can you please state your full name for the court, spelling your last name for the record?

 _S.Rogers:_ Uh, sure. My name is Steven Grant Rogers. Rogers is spelled R-O-G-E-R-S.

 _D._ _Sousa:_ Can you please elaborate on your occupation for the court, Captain Rogers?

 _S._ _Rogers_ : I currently serve as a member of a private security team. That’s what we call ourselves, legally. However, I was a captain in the United States Army until I was honorably discharged in 2011.

 _D._ Sousa: Thank you for your service, Captain Rogers. More importantly, did you serve with the defendant James Barnes?

S. Rogers: I did. Buck-. Excuse me, James. James and I were members of the same unit, the 107th, sometimes called the Howling Commandos. He, uh, he was a Sergeant until he passed away. Or I guess until we thought he had died.

 _D._ _Sousa:_ Were you aware that the defendant was held as a Prisoner of War by the Nazis?  
  
 _S. Rogers:_ Yes, I was, considering I was the one who went in and saved him.   
  
 _D. Sousa:_ Could you tell me a little bit about how Barnes acted while he was under captivity?   
  
 _K. Figueroa:_ Objection, Your Honor!   
  
 _Honorable Judge van den Weyngaert:_ On what grounds?

 _K._ _Figueroa:_ The question, by its very nature, Your Honors, calls for speculation. It is a well known historical fact that Captain Rogers was touring as a member of the United Service Organization while the defendant was being held as a Prisoner of War. Therefore, he would have no idea how Barnes acted during that time period. 

 _Honorable Judge van den Weyngaert:_ Your rebuttal, Mr Sousa?

 _D. Sousa:_ I’ll rephrase, Your Honor.

 _D._ _Sousa_ : Captain Rogers, can you tell the court where you found the defendant when you came to his aid?  
  
 _S. Rogers:_ He was in a laboratory. They were, uh, doing experiments on him. Some of the men had told me that he had volunteered, that he was willing to sacrifice himself for the others. They apparently had children and families.

 _K. Figueroa:_ Objection, Your Honor. As addressed earlier, Captain Rogers was not even an active duty soldier when these events occurred. For him to literally repeat something others told him is the definition of hearsay.

 _D. Sousa:_ However, Your Honor, this evidence was already admitted to the court during the account of Mr. Figueroa’s own witness, the late Rebecca Barnes Proctor. We’ve already heard that James Barnes had selflessly given himself up.

 _Honorable Judge van den Weyngaert:_ I don’t recall telling you that you had the right to respond to that, Mr. Sousa. However, you are correct. It’s already in the court’s logs. Objection overruled. Although, Mr. Sousa?

 _D. Sousa_ : Yes, Your Honor?  
   
 _Honorable Judge van den Weyngaert:_ I would move on from this line of questioning if I were you.  
   
 _D. Sousa:_ Yes, Your Honor. Moving onward, Captain Rogers, can you elaborate on how you first made the defense’s acquaintance?  
   
 _S. Rogers:_ He saved me. I was getting beaten up in an alley behind the parochial school we attended; bullies in those days were a lot more physical. And I was so small, and I had just gotten over pneumonia. I’m pretty sure that my asthma was flaring up that day. Buck- James walked behind that alley, and he saved me. Roughed those bullies up a little bit, enough to get them to leave me alone. We were friends ever since.  
   
 _D. Sousa:_ Touching. Is there any other way the defendant had come to our aid throughout the years?   


_S. Rogers:_ Other than saving me from people who wanted to beat me, which I guess he did a lot? He did an awful lot for me. He offered me a place to live after my mother died. His family helped feed me when I didn’t have the money to even buy a bottle of milk. His mother helped nurse me back after I got the flu one year. Without Bucky Barnes, I would have been dead a very, very long time ago.  
   
 _D. Sousa:_ In your opinion, is the man accused of these crimes the same man that you knew all those years ago?  
   
 _D. Sousa:_ Captain Rogers?   


_S. Rogers:_ No, I, uh, I don’t think he is.

  


**The following is an excerpt from** **_The Situation Room with Wolf Blitzer_ ** **that originally aired at 9:27 PM EST on Monday. 06/11/2018.**

  


_W. Blitzer:_ So, let me get this straight, for the audience. We don’t know if she was murdered or not?  
   
 _K. Y_ _enbamroong: T_ hat’s correct, unfortunately, Wolf. You see, Rebecca Barnes Proctor was elderly. It would not be unusual at all for a woman of her age to pass away from cardiac arrest. I see it all the time in my day to day practice. What you have to consider, though, is her position in this trial. A lot of people would like to see James Barnes suffer, and it’s unfortunate that they would attack his sister.  
   
 _W. Blitzer:_ But you just said that she died of a heart attack.  
   
 _K. Y_ _enbamroong:_ I did because after extensive medical examination, it’s clear that Mrs. Proctor died from cardiac arrest. We know that for a scientific fact. What we in the forensic community don’t know is whether or not that cardiac episode was natural. She was elderly, but she had no prior history of heart disease. From what I understand, she did have a family history, but there are so many ways for people to make these types of injuries look natural.  
   
 _K. Y_ _enbamroong:_ In my professional capacity, I really just don’t feel comfortable coming to a concrete conclusion yet.

 

-

 

 **To** : swilson@va.gov

 **From** : nrushman@intranet.starkindustries.com

 **Subject** : Hey (Round 2)

(opened @ 10:54 PM)

Sam,

Did you watch CNN last night? Med examiner says they can’t tell if Baby Barnes’ death was an accident or not, which to be honest I think is a bunch of shit. But, what do I know?   
  
I was wondering if you’ve heard from Steve. I haven’t had the chance to get over to the Netherlands to visit with him, and we both know that he isn’t going to come back to the States while this whole thing is going on. I’m worried about him. I know that he can handle being on the stand. This isn’t his first rodeo. (Clint’s quaint Midwestern-ism is starting to sink, pls send help.) I just can’t tell how this whole thing is going to end.

 

Miss you. See you soon.

 

XOXO,   
Natasha

  


**To** : nrushman@intranet.starkindustries.com

 **From** :  swilson@va.gov

 **Subject** : RE: Hey (Round 2)

(opened @ 5:39AM)

Hey Nat,   
  
Talked to Steve earlier this week. He’s doing okay, as far as I can tell, for the circumstances. He won’t talk about Rebecca even though I can tell that it’s bothering him. He practically considered her a sister too, and her death...it must have been difficult. Especially considering this whole thing with Barnes, and Carter only died a year ago, and

 

And this just has to be hard. His cross examination starts in a few days, and I don’t like that Figueroa guy. I’m worried that Steve won’t be able to handle it. Steve’s a good guy, too good sometimes. And I

 

I’m rambling. I’m going for my run rn, but text me when you get this. We should go out to dinner soon. I miss you too.

 

Samuel T. Wilson

Certified Counselor

US Department of Veterans Affairs

 

PS: Bring Banner. Feel like we haven’t really hung out at all.

  


-

 

**Day Twenty Five of the 167th Case of the International Criminal Court, Application of the International Convention on the Result of International War Crimes (United States/Russia/Mexico/Romania v. Fmr. Sgt. James B. Barnes)**

  


_Honorable Judge van den Weyngaert:_ I believe Captain Rogers is ready to proceed as is the court. Mr. Figueroa, you may begin your cross examination.

 

 _K. Figueroa:_ Thank you, Your Honor. This won’t take long.  
   
 _K. Figueroa:_ Hello, Captain Rogers. I only have two questions for you today. Question number one, was the relationship you had with the defendant, James Buchanan Barnes, sexual in nature?   
  
 _S. Rogers:_ What?

 _K. Figueroa:_ Was the relationship you had with Mr. Barnes, at any point in time, sexual in its nature. I’d also like to take this time to remind you that you took an oath to tell the whole truth, Captain Rogers.  
   
 _S. Rogers:_ Yes.  
   
 _K. Figueroa:_ Yes to what, Captain Rogers?   


_S. Rogers:_ Yes, the relationship I had with Mr Barnes was one of sexual nature for an extended period of time. Are you happy?  
   
 _K. Figueroa:_ And do you think that may have clouded your judgement in regards to your testimony of Mr Barnes’ character?  
   
 _S. Rogers:_ I mean, well, yes. I guess.  
   
 _K. Figueroa:_ We always do hurt the ones we love.

-

 

 **Bruce** (748-442-0283) · sent @ 8:34AM

 

“We always do hurt the ones we love.” Even you have to admit it’s weird

 

 **Tony** (844 783-2345) · seen @ 9:03AM

 

Yea apparently kenny is a real fucking weirdo.

 

 **Bruce** (748-442-0283) · sent @ 9:05AM

 

Would have helped if you realized that before you met with the guy. Was this whole “out Steve” part of the stuff you guys talked about.

 

 **Tony** (844 783-2345) · seen @ 9:08AM

 

Im a shitty person. Ik, but im not this shitty. I never wanted this.

 

-

  


**The following is an excerpt of a New York Times Op-Ed which was published online on Tuesday, 06/19/2018 by George McElwain, noted LGBT advocate and history professor at the George Washington University.**

  


For all intents and purposes, Captain America is queer.

 

Part of me feels like I should be rejoicing when I say that. As a young child, I had always looked up to Steve Rogers. I found him to be a deeply fascinating person, one who was able to rise out of the perdition of crippling poverty and relentless abuse at the hands of others to become one of the most respected men to ever live. You could even go a little deeper say that I had a little bit of a childhood crush on him. I used to dream of Captain America saving me from the playground bullies who used to taunt me because I was gay. I imagined him carrying me away, telling me that he loved me.

 

Yet, right now, all I feel is an immense sorrow.

  
Rogers was outed, forcibly on the international stage and against his will. He clearly wasn’t ready to talk about his relationship with Barnes and his attraction to men, if it even includes any other men. If he was ready, he would have shared it. It’s been seven year  since Steve Rogers woke up. He’s had plenty of time.

 

This idea that someone’s sexuality is a trump card, a way to silence them or manipulate them, sets a dangerous precedent. Each person has the right to understand and discuss their sexuality on their own terms. They should never ever feel ashamed of or compelled to divulge it, be that who they’re attracted to or with whom they’ve engaged in sexual relationships with. It’s wildly unfair. More importantly, it’s extremely dangerous for the thousands of LGBT youth living in hostile situations. If we normalize these forced outings, if we think they’re funny or a valid tool or whatever, we’re putting the lives of children at risk,  

 

Understanding that, there’s also the immense sorrow that Rogers never stood with us in solidarity. When we struggled for civil rights, for the right to marry our partners, to share in our part of the American dream, he said nothing. He more than anyone should know the sting of having your basic rights questioned based on who your partner happens to be, who you dare to love.

 

I know that I sound hypocritical, but I can want the safety of my fellow community members and still feel the way I feel. The fact that Steve Rogers stood back while we were jailed and abused and stripped of our rights feels like betrayal in the highest order.

  


-

 

 **To:** rogers.steve@gmail.com

 **From:** tonystark@intranet.starkindustries.com

 **Subject:** Sorry

 

(Unopened)

 

Hi.

 

You probably hate me right now. And, to be honest, you kind of should. I was the one who conspired with the guy who just forced the whole world that you had sex with your bff. In short, I conspired with a guy who made you tell the whole world that you’re gay or queer or whatever. (IDK what you’re into; also, no offense, but IDC)

 

Anyway, I’m sorry. I swear that he never ever brought this up any of the times he talked to me. He never told me that he was going to do this. If he had told me, I would have changed his mind. I promise you that I would never have let him go  through with it. It wasn’t fair.   
  
I thought I wanted justice for my parents. But

 

I don’t want it like this

  
Tony

 

-

  


**The following is a clip from** **_Anderson Cooper 360_ ** **as it aired on Friday, 07/11/2018.**

  


_A.Cooper:_ As final closing remarks are taking place in the Netherlands, Steve Rogers was seen making a rare public appearance at a charity that advocates for the issues of LGBT senior citizens. We have what appears to be cell phone footage of Rogers’ keynote speech that was sent to our studios here in Atlanta, Georgia.

 _S. Rogers_ : I, like many of you, grew up in a time where loving someone of the same gender was illegal. It was considered ungodly and depraved and if you did so, you were mentally ill. Can you imagine being called mentally ill for loving someone?

S.  _Rogers;_ Because of the work many of you have done here tonight, we now live in a world where we don’t have to. Naturally, there are some people who will continue to believe those horrible things about you, about...us. But in the words of Reverend Martin Luther King Jr, a man I am sad I never saw, “The arc of the universe is long, but I believe that it tends towards justice.”  
  
 _S. Rogers:_ Thank you.

 

-

 

 **Trends** · Change

#WinterSoldier

Steve Rogers

#Trumpity

Captain America

Bucky Barnes

#CapIsQueer

4th of July Accident

#RenewHB594

#TacoBell

 

-

  


Day Twenty Nine of the 167th Case of the International Criminal Court, Application of the International Convention on the Result of International War Crimes (United States/Russia/Mexico/Romania v. Fmr. Sgt. James B. Barnes)

  
  


_Honorable Judge van den Weyngaert:_ On behalf of the court, I would like to thank the many witnesses and experts who’ve given their testimony to us. Never forget how sacred a duty and how precious an honor it is to seek justice. Mr. Sousa and Mr. Figueroa, I’d like to thank you for your individual service to this court. It was an honor to be in the presence of two men of such intelligence.

 

 _Honorable Judge van den Weyngaert:_ If the defendant is ready, I will now read the decision of the military tribunal. Are you ready, Mr. Barnes?

  _J._ _Barnes:_ I am.

 

 _Honorable Judge van den Weyngaert:_ In the case the 167th Case brought before the International Criminal Court, the tribunal finds the defendant, James Buchanan Barnes, an American national, guilty of international war crimes in fourteen sovereign nations.

  


-

 

**The following is a blog entry posted on the website of Sousa & Associates, an American legal firm, by David Sousa on Sunday, 07/17/2018 at 1:46 AM EST. **

  


It was a poetic end to a trying and often grisly trial.   
  
My defendant, James Barnes, was being led away in handcuffs. I, understanding that was a possibility all along, went to follow him. Barnes may have been a criminal, but he still had rights. As his attorney, and as someone who had a complicated relationships with him, it seemed my duty to make sure he was given those rights. I followed and behind me I heard someone yelling.

 

It was Captain Steve Rogers. Of course, it was. It always was going to be Rogers. He was always going to love Barnes, no matter what had happened, no matter what he had done. It was this fierce loyalty that I had always admired, even before I got to experience it.   
  
As we were led away, Barnes and I, I heard Rogers scream, “Until the end of the line, Bucky.”   
  
I looked at Barnes who remained steely eyed and silent for most of the trial. He was frowning slightly. Not out of anger or displeasure, he had always told me that he had considered himself guilty. He believed in his heart of hearts that he should have been punished.

 

No, it was out of sadness. Barnes’ biggest regret in life were not his actions. Many people believe that there was no way he could have been responsible for those actions. Barnes only ever regretted the pain he had caused.

 

I can’t tell you if Barnes was a good man. The court has spoken, and I suppose the rest is up to public opinion. My work here is finished. But, I remain by what I always said.

  
We should all be so lucky to one day be half the man that James Buchanan Barnes is.

 

-

 

 **CNN** @CNN · 12s

  
BREAKING: James Barnes missing from state of the art holding facility.

**Notes for the Chapter:**

> and we're done. 
> 
> thank you all for your continued support and enthusiasm.


End file.
